People v. Dlugash

380 N.Y.S.2d 315 (1976)

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Nature of the Case

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Facts

D acting in concert with another person caused the death of Michael Lawrence Geller. It is believed that Joseph Bush had shot Geller in the chest several times with a.38 caliber revolver and that, 'shortly thereafter', D had pulled out his own.25 caliber revolver and had shot Geller in the face five times. At the close of the entire case, the trial court dismissed that portion of the indictment which charged that D had acted 'in concert' with Bush and sent the case to the jury on the theory of common-law murder. D was found guilty. D appealed.